What are the disadvantages and harms of "recruiting people" in construction project bidding?

Interpretation of bidding behavior of construction projects. In the bidding activities of construction projects, due to the fierce competition and the trend of interest, the phenomenon of contractor qualification recruitment came into being. For a long time, the recruitment behavior of construction project bidding has become a major problem in China's construction industry. What are the disadvantages and hazards of recruitment behavior? The following is an interpretation of the bidding behavior of construction projects collected by Bian Xiao. Let's have a look!

First, the main problems existing in the current qualification "recruitment"

In the popular sense, qualification "recruitment" means that the recruited party allows others to undertake projects in the name of the unit by renting or lending qualification certificates, and collects management fees; Units, individuals or units with low qualification level without qualification certificate undertake projects in the name of units with qualification or high qualification level through various channels or ways, and at the same time pay a certain management fee for construction. From the legal point of view, it is the business activities that some natural persons and partnership organizations use the qualifications and qualifications of enterprise legal persons to avoid the restrictions of national laws and policies on individuals and teams other than enterprise legal persons in terms of taxation, loans and business scope. And use the qualifications and qualifications of the recruited enterprise legal person to obtain the trading credit and economic benefits that it is difficult to obtain.

Forms of expression of qualification "recruitment":

First, the recruiter is a legal person, but it is qualified, but it can't meet the requirements of the qualifications required for construction projects. So he recruited a construction enterprise with high qualification level, signed a construction contract with the employer in the name of the recruited enterprise, and then directly organized the construction.

Second, the recruiter is a natural person and does not have the qualification of construction engineering. If a construction enterprise that meets the engineering requirements is employed, the construction enterprise shall sign a construction contract with the employer.

This kind of recruitment has two ways:

One is that the recruiter has the qualification of construction engineer and is clearly the person in charge of project construction in the construction contract;

The other is that the recruiter does not have the qualification of a builder, and the recruiting enterprise sends a nominal project leader, which does not appear at all during the construction process. This qualification recruitment method is more subtle, and often you don't know who the real project leader is after winning the bid.

Second, the disadvantages and hazards of qualification "recruitment"

Audit practice shows that the essence of qualification "recruitment" is fraud and shoddy, and its harm is very serious:

First, it is difficult to effectively guarantee the quality, safety and progress of contracted projects. Recruiters and their recruitment groups cannot meet the requirements of the project in terms of technology, equipment, construction experience and organizational ability. The construction conditions are simple and the management level is backward, and a large number of illegal constructions have brought many security risks.

Second, because the employer uses the employer's name, the civil behavior of economic exchanges in the whole process of construction organization and management is carried out in the employer's name. In the case of disputes or inability to repay foreign debts, the recruiter becomes the defendant, causing social instability.

Third, in order to win the trust of the construction unit and the recruited unit, the recruiter does not hesitate to use money to open the way and gain connections through the back door, which corrupts the social atmosphere and becomes the source of corruption.

Fourth, it is illegal and risky for a recruiting company to lend its qualifications by collecting management fees. Recruiters are often individuals with little or no funds. They borrow the name of the recruitment enterprise and rely on friends or relationships to undertake construction projects, although it is easy to be included in the scope of negotiations. However, in the event of a dispute, the recruited enterprise is involved in the dispute. The purpose of recruiters is to make use of the qualifications and brands of recruiting enterprises to legalize their own operations. Once there is a problem with the construction quality of the recruiter, it will smash the corporate brand of the recruiter. In addition, it is difficult for the recruited enterprise to manage the business of the recruiter, and it is also difficult to stop the business behavior of the recruiter, which leads to various disputes.

Fifth, in order to build an honest society, both recruiters and recruits have violated the principle of honesty and credit. In economic activities, recruiters gain the trust of creditors in the form of legal persons, conduct fraudulent transactions, and take advantage of legal person qualifications to participate in market activities. Formed a "legal cloak" of "raising the banner as a tiger skin" to evade the mandatory provisions of the law. They often use the legal person qualification as their "shield" to avoid the debts owed in the transaction, which increases the business risk of the recruited legal person. At the same time, it has also caused a serious loss of national tax revenue and seriously undermined the market economic order.

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